Madras High CourtWP(MD)/10476/2021dismissed as infructuous

Satheesh Kumar v. The Superintendent Of Police

2021-08-17Honourable Mr Justice G.Ilangovan2 pages

W.P(MD)No.10476 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17/08/2021

CORAM:

THE HONOURABLE MRJUSTICE G.ILANGOVAN W.P.(MD) No.10476 of 2021 Satheesh Kumar ... Petitioner Vs.

1.The Superintendent of Police, Viruthunagar District.

2.TheInspector of Police, District Crime Branch, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents 1 and 2 to take appropriate action under the criminal pursuant to the petitioner's complaint dated 22.04.2021 in the light of the dictum laid down by the Hon'ble Supreme Court of India in the case of Lalitha kUmari Vs.Government of Uttar Pradesh & others reprted in (2014)2 SCC as expeditiously as possible within the time stipulation as prescribed by this Court. For Petitioner : Mr.N.Balasubrmanian For Respondents : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This writ petitioner is filed seeking a direction to the second respondent to conduct preliminary enquiry based on the petitioner's complaint dated 21.04.2021 and to take action against the respondents 3 and 4.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that on the basis of the compliant given by the petitioner and others a case has been registered before Rajapalayam Police Station against one Vivek and therefore, nothing survives for further consideration or direction since the grievance of the petitioner has been redressed.

3. The learned counsel for the petitioner would further submit that the petitioner's vehicle bearing registration No.TN 60 J 7268 was seized by the second respondent police and he requested this Court to release the vehicle.

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W.P(MD)No.10476 of 2021

4. The learned Additional Public Prosecutor would submit that vehicle that has been recovered has been produced before the Judicial Magistrate, Rajapalayam.

5. In view of the said submission, the petitioner is directed to work out his remedy through appropriate proceedings before appropriate forum and the order of release of the petitioner's vehicle cannot be issued by this Court.

6. Recording the above said development submitted by the learned Additional Public Prosecutor, this petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) CM To, 1.The Superintendent of Police, Viruthunagar District.

2.TheInspector of Police, District Crime Branch, Virudhunagar District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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